Victory: 9th Circuit Upholds Panel Ruling, Allows President Trump’s Protect Life Rule to Take Effect During Litigation

July 11, 2019
CONTACT: Mallory Quigley
[email protected] 202-223-8073

Pro-life Rule Stops Taxpayer Funding of Abortion Industry via Title X, Consistent with the Views of Most Americans

Washington, D.C. – Today in a 7-4 decision, the 9th U.S Circuit Court of Appeals allowed President Trump’s Protect Life Rule to go into effect, upholding a previous panel ruling granting the Trump administration’s request to lift state and nationwide injunctions while court cases proceed.

Finalized earlier this year, the rule advances President Trump’s promise to stop taxpayer funding of abortion businesses like Planned Parenthood, who will no longer receive Title X funding if they choose not to comply.

The national pro-life group Susan B. Anthony List (SBA List) celebrated the ruling in a statement:

“We are greatly encouraged to see the 9th Circuit rule in favor of allowing President Trump’s Protect Life Rule to take effect while it continues to be litigated,” said SBA List President Marjorie Dannenfelser. “A strong majority of Americans have consistently voiced their opposition to taxpayer funding of abortion – it is even unpopular among Democrats and self-described pro-choice Americans. Without reducing Title X funding by a dime, the Protect Life Rule simply draws a bright line between abortion and family planning, stopping abortion businesses like Planned Parenthood from treating Title X as their private slush fund. Similar regulations were upheld by the Supreme Court nearly three decades ago. This is wonderful news, and we are more optimistic than ever that the Trump administration’s case will succeed.”

Represented by the Thomas More Society, SBA List has filed amicus briefs in support of the Protect Life Rule and the federal government in every case brought to date.

A Marist poll in January of this year found that, by a double-digit margin, a majority of all Americans oppose any taxpayer funding of abortion (54 percent to 39 percent).

Under the Protect Life Rule abortion centers cannot serve as taxpayer-funded family planning centers (“co-location”). In addition, Title X locations cannot refer for abortion. The Protect Life Rule does not prohibit Title X providers from providing neutral, nondirective counseling about abortion and does not prevent anyone from obtaining Title X services. It does not reduce family planning funding by a dime. Instead, it directs tax dollars to Title X centers that do not promote or perform abortions, such as the growing number of community and rural health centers that far outnumber Planned Parenthood facilities. Similar regulations were upheld by the Supreme Court in 1991 in Rust v. Sullivan (500 U.S. 173).

SBA List is a network of more than 787,000 pro-life Americans nationwide, dedicated to ending abortion by electing national leaders and advocating for laws that save lives, with a special calling to promote pro-life women leaders.


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